Federal Register - January 26, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 15 / Tuesday, January 26, 2021 / Notices
countervailing duty CVD order 1 on OCTG from Turkey for the period January 1, 2018, through December 31, 2018.2 On April 24, 2020, Commerce exercised its discretion to toll all deadlines in administrative reviews by 50 days.3 On June 25, 2020, Commerce extended the deadline for the preliminary results by 120 days.4 On July 21, 2020, Commerce tolled all deadlines in preliminary and final results of administrative reviews by an additional 60 days,5 thereby extending the deadline for the preliminary results of this administrative review to January 19, 2021.
For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice.6 A list of topics discussed in the Preliminary Decision Memorandum is included as the appendix to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at http
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.
Scope of the Order The merchandise covered by the Order is certain OCTG from Turkey. For a complete description of the scope of
the Order, see the Preliminary Decision Memorandum.7
Methodology We are conducting this administrative review in accordance with section 751a1A of the Tariff Act of 1930, as amended the Act. For each of the subsidy programs found countervailable, we preliminarily find that there is a subsidy, i.e., a financial contribution by an authority that gives rise to a benefit to the recipient, and that the subsidy is specific.8 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.
Partial Rescission of Administrative Review On October 23, 2019, Cayirova and its affiliated trading company, Yucel, notified Commerce that they had no sales, shipments, or entries of subject merchandise into the United States during the POR, and requested Commerce to rescind the reviews of these companies.9 In the respondent selection memorandum, we stated that this notification is consistent with CBP
data and that Commerce will rescind the administrative review of Yucel and Cayirova.10 We received no comments with respect to our intent to rescind on these two companies. Because no evidence on the record contradicts these certifications, we are rescinding the review of the Order with respect to Yucel and Cayirova.
Intent To Rescind Administrative Review, in Part It is Commerces practice to rescind an administrative review of a
countervailing duty order, pursuant to 19 CFR 351.213d3, when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.11 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period.12 Therefore, for an administrative review of a company to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the calculated countervailing duty assessment rate calculated for the review period.13
According to the CBP import data, except for the mandatory respondent and its cross-owned companies, the companies subject to this review did not have reviewable entries of subject merchandise during the POR for which liquidation is suspended. Accordingly, in the absence of reviewable, suspended entries of subject merchandise during the POR, we are rescinding the review with respect to Yucel and Cayirova as explained above, and we intend to rescind this administrative review with respect to five additional companies, in accordance with 19 CFR
351.213d3.14
Preliminary Results of the Review We preliminarily determine the following net countervailable subsidy rate for the mandatory respondent, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., for the period January 1, 2018, through December 31, 2018:
Subsidy rate percent ad valorem
Company Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret, Borusan Lojistik Dag. Deg. Tas Ve, Borusan Mannesmann Boru Yatirim Holding A.S
., and Borusan Holding A.S.15
0.38
de minimis.
1 See Certain Oil Country Tubular Goods from India and the Republic of Turkey: Countervailing Duty Orders and Amended Affirmative Final Countervailing Duty Determination for India, 79 FR
53688 September 10, 2014 Order.
2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR
61011 November 12, 2019.
3 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID19 Government, dated April 24, 2020.
4 See Memorandum, Administrative Review of the Countervailing Duty Order on Certain Oil Country Tubular Goods from the Republic of Turkey: Extension of Deadline for Preliminary Results, dated June 25, 2020.
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5 See Memorandum, Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews, dated July 21, 2020.
6 See Memorandum, Decision Memorandum for the Preliminary Results of 2018 Countervailing Duty Administrative Review: Oil Country Tubular Goods from the Republic of Turkey, dated concurrently with this notice Preliminary Decision Memorandum.
7 See Preliminary Decision Memorandum at 45.
8 See sections 7715B and D of the Act regarding financial contribution; section 7715E
of the Act regarding benefit; and section 7715A of the Act regarding specificity.
9 See Cayirovas and Yucels Letter, OCTG from Turkey; Yucel No Shipment Letter, dated October 23, 2019.
10 See Memorandum, Countervailing Duty Administrative Review of Oil Country Tubular
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Foods from the Republic of Turkey: Respondent Selection, dated January 7, 2020.
11 See, e.g., Lightweight Thermal Paper from the Peoples Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015, 82 FR 14349 March 20, 2017; see also Circular Welded Carbon Quality Steel Pipe from the Peoples Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 84 FR 14650
April 11, 2019.
12 See 19 CFR 351.212b2.
13 See 19 CFR 351.213d3.
14 The five companies are: Bakir Grup Makine Imalat Bakim Montaj Demontaj Sanayi ve Ticaret Ltd. Sti.; Hydra Insaat Sanayi ve Ticaret Anonim Sirketi; Kalibre Boru Sanayi ve Ticaret; NETBORU
San. ve Dis. Tic. Koll. Sti.; and Yilmaz Pipo.
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